1. Acceptance & Scope of Service
Overview: Kinyan provides an online venue and software platform that enables individuals, professionals, and local businesses to list, browse, buy, sell, and trade goods, products, services, and commercial offerings.
Venue Only: Kinyan acts solely as a venue and technical facilitator. We are not an auctioneer, retailer, broker, agent, or merchant of record. We do not take title to, inspect, hold, store, deliver, or insure any items or services listed on the Platform.
No Agency: No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and Kinyan by these Terms or your use of the Platform.
2. Eligibility & Account Registration
Age Requirement: You must be at least 18 years old (or the legal age of majority in your jurisdiction) to create an account, publish listings, or participate in transactions on Kinyan.
Account Responsibility: You are solely responsible for maintaining the confidentiality of your login credentials (username, password, or authentication tokens) and for all activities, listings, and communications originating from your account.
Accuracy of Information: You agree to provide accurate, current, and complete registration information and to promptly update your profile whenever your information changes.
Account Termination & Suspension: We reserve the right to suspend, limit, deactivate, or permanently terminate any account at our sole discretion, with or without prior notice, if we suspect or determine a violation of these Terms, illegal conduct, fraudulent activity, or behavior harmful to the Platform or its users.
3. Marketplace Rules & Listing Policies
Permitted Content: You may list items, products, commercial inventory, professional services, and handmade goods that are legal, authentic, safe, and accurately represented.
Prohibited Items & Activities: You strictly agree not to post, list, trade, or promote:
- Illegal goods, stolen property, or unregistered firearms/weapons.
- Hazardous, toxic, or regulated materials and controlled substances.
- Counterfeit, pirated, or unauthorized replica items.
- Fraudulent, deceptive, or misleading offers or financial scams.
- Spam, duplicate listings, aggressive group blasts, or unauthorized marketing.
- Defamatory, abusive, harassment-oriented, obscene, explicit, or hate-oriented content.
- Software viruses, malware, scrapers, automated bots, or code designed to interfere with Platform performance or scrape user data.
Accuracy & Intellectual Property of Listings: Sellers and service providers are solely responsible for ensuring that all listing titles, descriptions, photos, pricing, and terms are truthful, clear, and non-infringing on third-party intellectual property rights (trademarks, copyrights, or patents).
4. User Interactions, Transactions & Safety
Direct Peer-to-Peer Dealing: All negotiations, agreements, payments, physical meetups, exchanges, inspections, and deliveries occur directly between the buyer, seller, or service provider. Unless explicitly specified otherwise, Kinyan does not hold payments in escrow or guarantee completion of any trade.
User Caution & Personal Safety: You acknowledge that offline meetups and peer-to-peer exchanges carry inherent risks. You agree to exercise reasonable care, caution, and common sense when meeting other users, inspecting items, exchanging funds, or sharing personal contact details.
Disputes Between Users: Kinyan has no legal obligation to mediate, police, enforce, resolve, or intervene in disputes, refunds, chargebacks, or claims between users. You release Kinyan from any and all claims, demands, and damages arising out of disputes with other users.
5. Fees, Subscriptions & Paid Features
Free Services: Browsing, basic listing creation, and direct messaging on Kinyan may be provided free of charge, subject to change.
Paid Features & Business Tools: Kinyan may offer optional paid services, including featured listings, promoted placements, commercial business accounts, or premium tools ("Paid Services").
Billing & Refunds: All applicable fees for Paid Services will be disclosed prior to purchase. Unless required by applicable law or explicitly stated in writing, all fees paid for features or listings on Kinyan are final and non-refundable.
6. Intellectual Property & Platform Content
Kinyan Ownership: All proprietary code, software design, interface architecture, branding, logos, trademarks, database structures, and platform features are the exclusive property of Kinyan and are protected by copyright, trademark, and other applicable laws.
User-Generated Content License: You retain ownership of any photos, descriptions, or content you publish on Kinyan. However, by uploading content to the Platform, you grant Kinyan a worldwide, perpetual, royalty-free, non-exclusive, sublicensable license to host, store, display, reformat, promote, and distribute that content across our services and marketing materials.
7. Third-Party Links & External Tools
The Platform may contain links to third-party websites, external software, or third-party tools (such as messaging, payment, or mapping providers). Kinyan does not control, endorse, or assume responsibility for the content, privacy practices, or availability of any third-party services.
8. Disclaimers of Warranties
"As-Is" Platform: The Platform is provided strictly on an "AS IS" and "AS AVAILABLE" basis. Kinyan explicitly disclaims all warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, safety, title, and non-infringement.
No Quality Assurance: We do not screen, inspect, test, certify, or verify the authenticity, safety, condition, quality, legality, or merchantability of any items, services, or seller claims presented on the Platform.
Service Continuity: We do not guarantee uninterrupted, secure, error-free, or virus-free operation of the Platform.
9. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Kinyan, its founders, officers, directors, employees, partners, or agents be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages—including loss of profits, goodwill, data, personal injury, property damage, or distress—arising out of or in connection with:
- Your access to or use of (or inability to access or use) the Platform.
- Any conduct, statements, or content of any third party or user on the Platform.
- Any transaction, exchange, service, or meetup arranged through the Platform.
- Unauthorized access, alteration, or breach of your data or transmissions.
10. Indemnification
You agree to defend, indemnify, and hold harmless Kinyan, its officers, directors, employees, and representatives from and against any claims, damages, liabilities, losses, settlement costs, and expenses (including legal fees and costs) arising out of or related to:
- Your access to or use of the Platform.
- Any listing, item, or service you publish or supply on Kinyan.
- Your violation of any provision of these Terms.
- Your violation of any third-party right, including copyright, trademark, privacy, or trade secret rights.
11. Platform Modifications & Termination
We reserve the right to modify, suspend, restrict, or discontinue any feature, aspect, or portion of the Platform at any time, with or without notice, without liability to you.
12. Changes to These Terms
We reserve the right to revise or update these Terms at any time. Updated versions will be posted directly to the Platform with a revised "Last Updated" date. Your continued use of Kinyan after updated Terms are published constitutes full acceptance of those changes.
13. Governing Law & Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of Israel, without giving effect to any conflict of law principles. Any legal suit, action, or proceeding shall be brought exclusively in the competent courts located in Jerusalem, Israel.
14. Severability & Entire Agreement
Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Entire Agreement: These Terms (along with our Privacy Policy) constitute the entire agreement between you and Kinyan regarding the use of the Platform, superseding any prior agreements or communications.
